Community Services Programs
Children Mental Health Rights; Rules of General Applicability -
Definitions
A. Child means an individual who has not reached his or her 18th birthday
and who has not been emancipated by a court order.
B. Community Support Worker means an individual
who coordinates a recipient's ISP; locates and monitors
the services identified in the plan; and performs
other duties as specified in the settlement agreement
in Bates v Peet , and in agency contracts. Community
Support Workers are employed by agencies or programs
contracted with the Department of Health and Human
Services to perform this function.
C. Complaint means an allegation by a person or
agency charged with investigating violations of
client rights or with delivering or monitoring mental
health services of violation of basic rights of
a recipient, including those enumerated in these
rules and the Settlement Agreement in Bates v. Peet
or any other applicable law or regulation.
D. Custodian means the Department of Health and
Human Services or a person, other than a parent,
awarded custody pursuant to Title 19 or Title 22
of the Maine Revised Statutes.
E. Department means Department of Health and Human
Services.
F. Emancipated minor means a minor who has been
emancipated by court order. Unless specifically
indicated otherwise, an emancipated minor has the
same rights, privileges and responsibilities as
an adult recipient under the rules Rights of Recipients
of Mental Health Services.
G. Emergency means a situation in which, as a
result of a recipient's behavior due to mental illness,
there exists an imminent danger of bodily injury
to the recipient or to others.
H. Facility, Agency, or Program means any facility
providing in-patient psychiatric services, and any
agency or facility providing in-patient, residential
or outpatient mental health services that are licensed,
funded or contracted by the Department of Health
and Human Services.
I. Grievance means an allegation by a recipient
of violation of basic rights, including those enumerated
in these rules and the Settlement Agreement in Bates
v. Peet or any other applicable law or regulation.
J. Guardian means a person appointed by the Probate
Court pursuant to Title 18-A of the Maine Revised
Statutes.
K. Individualized Support Plan (hereafter, "ISP")
means a written document that is prepared by a team
of persons and that includes an assessment of the
recipient's strengths and needs, and describes the
recipient's goals and objectives and the services
the recipient needs to meet those goals and objectives.
The team shall include the recipient except as otherwise
provided in these rules.
L. Mental Health Institute
means a state-operated inpatient facility.
M. Non-state Mental Health Institution means a
public institution, a private institution or a mental
health center as defined by 34-B MRSA, section 3801
(6).
N. Program Area means any discrete part of a facility
or agency, including any building, residential program,
ward, unit or program site.
O. Recipient means any child in need of mental
health services as defined by 34-B 6201(2) receiving
treatment from any facility, agency or program.
P. Representative means any adult person who has
been designated in writing by an emancipated recipient,
or by his or her guardian or by his or her legally
responsible parent, guardian or custodian to act
to aid the recipient in upholding his or her rights
under. these rules, except that the representative
may not be a client of or a staff person currently
employed in the facility through which the recipient
receives services.
Q. Rights Protection and Advocacy Service of the
Maine Mental Health System means the Office of Advocacy
of the Department, the rights protection and advocacy
agencies authorized under 42 U.S.C. §§ 10801
et. seq., or other public agencies authorized by
law to investigate grievances and protect rights.
R. Treatment means the provision of mental health
services to children in need of treatment and their
families as defined by 34-B MRSA section 6201(3).
The services consisting primarily of: (i) psychiatric,
psychological, counseling, developmental, and other
therapeutic modalities and (ii) social, interpersonal
and other living skills, related supportive services
and habilitative training.
S. Treatment Team means the group of persons,
including the recipient, who plan, carry out and
review treatment.
